United States v. Penn

Case: 19-20846 Document: 00515905890 Page: 1 Date Filed: 06/18/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED No. 19-20846 June 18, 2021 Conference Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Kevin Raheem Penn, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 4:19-CR-377-1 Before Smith, Stewart, and Higginson, Circuit Judges. Per Curiam:* The attorney appointed to represent Kevin Raheem Penn has moved for leave to withdraw and has filed a brief and supplemental brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Penn has filed responses. We have * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 19-20846 Document: 00515905890 Page: 2 Date Filed: 06/18/2021 No. 19-20846 reviewed counsel’s briefs and the relevant parts of the record reflected therein, as well as Penn’s responses. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, Penn’s motions to appoint new counsel and to hold the case in abeyance are both DENIED; counsel’s motion for leave to withdraw is GRANTED; counsel is excused from further responsibilities herein; and the appeal is DISMISSED. See 5th Cir. R. 42.2. 2